High Court Kerala High Court

Cleetus Aged 58 Years vs Chalakudy Urban Co-Operative … on 12 August, 2008

Kerala High Court
Cleetus Aged 58 Years vs Chalakudy Urban Co-Operative … on 12 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24331 of 2008(V)


1. CLEETUS AGED 58 YEARS,
                      ...  Petitioner

                        Vs



1. CHALAKUDY URBAN CO-OPERATIVE BANK LTD.,
                       ...       Respondent

2. THE JOINT REGISTRAR,

3. THE REGISTRAR,KERALA STATE CO-OPERATIVE

                For Petitioner  :SRI.V.R.KESAVA KAIMAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :12/08/2008

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.

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            W.P.(C).No.24331 Of 2008-V

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      Dated this the 12th day of August, 2008.

                     JUDGMENT

The petitioner made certain deposits with the

first respondent. He raises disputes regarding

the rate of interest at which the first

respondent is liable to pay on the amounts under

deposit. This is a matter which the petitioner

has to agitate in appropriate arbitration

proceedings under Section 69 of the Kerala Co-

operative Societies Act since the rate of

interest and the contract between the parties

would call for adjudication in accordance with

law. It will also be open to the petitioner to

request for interim relief in such proceedings

for release of the principal amount unless there

is dispute on that. Subject to the aforesaid,

this writ petition is dismissed.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/120808